What is the difference between an intent to use application and an actual use application?
An intent to use application and an actual use application in North Carolina are different processes when filing for a trademark. An intent to use application involves filing a trademark registration application with the USPTO (United States Patent and Trademark Office). This application communicates to the USPTO that the applicant has an intention to use the trademark in the near future, but they don’t have any current use of the trademarked name or mark. An actual use application involves filing the same trademark registration application with the USPTO, but this application communicates to the USPTO that the applicant has an existing use of the trademarked name or mark. This could include an existing company name, a logo, or other product or services associated with the trademark. In North Carolina, applicants must have either an intent to use application or an actual use application to make a successful trademark registration. The application must also include proof that the applicant is lawfully using the trademark in the state on or in connection to their goods or services. If the applicant is successful in registering the trademark, they will be able to protect their trademarked name or mark from being used by other businesses in North Carolina.
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